Nnamdi Kanu files new motion, seeks dismissal of all charges

The detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has filed a new motion at the Federal High Court in Abuja, seeking the dismissal of all charges against him and his immediate release.

In the motion, dated October 30, 2025, and titled “Motion on Notice and Written Address in Support,” Kanu argued that the charges currently before the court lack any legal basis. He described them as “a nullity ab initio for want of any extant legal foundation.”

Representing himself, the IPOB leader filed the motion citing Sections 1(3), 6(6)(b), and 36(12) of the 1999 Constitution, the Evidence Act 2011, and the Terrorism (Prevention and Prohibition) Act 2022.

Kanu claimed that the prosecution’s case relies on repealed or non-existent laws, including the Customs and Excise Management Act (CEMA), repealed by the Nigeria Customs Service Act 2023, and the Terrorism Prevention (Amendment) Act 2013, repealed by the TPPA 2022. He argued that relying on such laws violates Section 36(12) of the Constitution, which prohibits trials for offences not defined under existing law.

He urged the court to strike out all charges, insisting they do not constitute offences recognized by law. Citing the Supreme Court ruling in FRN v. Kanu (SC/CR/1361/2022), Kanu said lower courts are bound to take judicial notice of repealed laws under Section 122 of the Evidence Act 2011, warning that failure to do so renders proceedings void.

Kanu also contended that the alleged offences were committed in Kenya, pointing to Section 76(1)(d)(iii) of the TPPA 2022, which requires Kenyan court validation for acts committed abroad. He argued this omission violates the court’s extraterritorial jurisdiction and breaches Article 7(2) of the African Charter on Human and Peoples’ Rights.

He further cited constitutional provisions, arguing that any law or judicial act inconsistent with the Constitution is void, referencing past rulings such as Aoko v. Fagbemi (1961) 1 All NLR 400 and FRN v. Ifegwu (2003) 15 NWLR (Pt 842) 113, where convictions based on non-existent laws were nullified.

Kanu requested that the court direct the prosecution to respond strictly on points of law within three days and deliver a ruling on or before November 4, 2025. He noted that his application raises solely constitutional and legal issues under existing laws, making an affidavit unnecessary.